Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized. He was then discharged to Metro Atlanta…
Chicago Medical Malpractice Attorney Blog
Illinois Appellate Court Affirms Medical Malpractice Jury Verdict on Issues Relating to Prejudgment Interest and Trial Court Rulings on Evidence
The defendants, Gregg Coccaro, M.D., and Associated Saint James Radiologist, S.C., appealed from the $6.5 million jury verdict in this medical malpractice lawsuit. The appeal raised the following two issues: (1) Did the trial court abuse its discretion in making a series of rulings related to evidence, argument and instruction…
$4.85 Million Settlement in Failure to Diagnose and Treat Aortic Dissection
Edward Peers was eating dinner with his family when he felt a jolt of pain in his back and radiating chest pain. He was taken to Doylestown Hospital where he was examined by an emergency department physician who ordered two EKGs. The test results were not concerning for acute coronary…
$1 Million Settlement in Delayed Diagnosis and Treatment of Breast Cancer
Robin Mann underwent a screening mammogram at the McGuire Veterans Affairs Medical Center. A doctor there allegedly noted a previously seen mass in Mann’s left breast but did not order an ultrasound. Approximately two years later, Mann underwent another screening mammogram that revealed no new masses. The following year, she…
$2.4 Million Jury Verdict in Improper Monitoring of Coagulation Levels
Ms. Doe, 70, suffered from atrial fibrillation and had two mechanical heart valves. She was prescribed Coumadin to prevent a stroke. When Dr. Roe, her treating cardiologist, recommended elective replacement of her pacemaker battery, the Coumadin was stopped five days before the procedure. It was then restarted after the surgery.…
$75 Million Jury Verdict in Failure to Timely Diagnose Stroke
Jonathan Buckelew, 32, experienced neck pain and a headache for four days. In addition, he suffered bouts of blurred vision and ringing in his ears. He went to a chiropractor — Dr. Michael Axt — who completed a neck adjustment. When Buckelew sat up after the adjustment, he reported dizziness;…
$18 Million Jury Verdict in Late Diagnosis of Breast Cancer
Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later. At this appointment, Carpenter again diagnosed bilateral…
$300,000 Settlement for Excessive Use of Radiation
Jennifer Schlutt, 26, was diagnosed as having squamous cell carcinoma of the distal urethra or periurethral area. She underwent a course of radiotherapy treatment, including external beam radiotherapy and the placement of an implant. During this radiation treatment, which lasted approximately six weeks, Schlutt suffered a severe reaction. She complained…
U.S. District Court Declines to Rule Unconstitutional the Illinois Prejudgment Interest Act
A federal district court judge in Chicago declined to stay the prejudgment interest in a medical malpractice case, reaching a similar conclusion given by another federal judge in this highly anticipated ruling. In a written opinion recently published, U.S. District Court Judge Steven C. Seeger declined to rule on the…
Missouri Supreme Court Rejects Plaintiff’s Argument Regarding Failure to Provide Affidavit of Merit Required for Medical Malpractice Cases
Alfred J. Giudicy appealed the circuit court’s judgment dismissing his medical malpractice case without prejudice after he chose not to file an affidavit of merit within 180 days. The filing deadline is required under § 538.225. Giudicy argued that § 538.225 violates the Missouri Constitution. It was also contended by…